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<br /> -9- <br />A. Lessee will undertake an affirmative action program to ensure that <br />no person shall on the grounds of race, creed, color, sex or national <br />origin be excluded from participation in, denied the benefits of, or <br />otherwise be subjected to discrimination in, the use of The Premises; <br />B. In the construction of any improvements on, over or under The <br />Premises, and the furnishing of services therein or thereon, no person <br />on the grounds of race, color, religion, sex or national origin shall <br />be excluded from participation in, denied the benefits of, or otherwise <br />be subjected to discrimination; <br />C. Lessee shall use The Premises in compliance with all other <br />requirements imposed by or pursuant to Title 49, Code of Federal <br />Regulations, Department of Transportation, Subtitle A, Office of the <br />Secretary, Par-t 21, Nondiscrimination in Federally Assisted Programs of <br />the Department of Transportation-Effectuation of Title VI of the Civil <br />Rights Act of 1964, and as said regulations may be amended. <br /> ARTICLE XII <br /> REQUIREMENTS OF THE UNITED STATES <br />This Agreement shall be subject and subordinate to the provisions of <br />any existing or future agreement between City and the United States, or <br />any agency thereof, relative to the operation or maintenance of the <br />Airport, the execution of which has been or may be required as a <br />condition precedent to the expenditure of federal funds for the <br />development or operation of the Airport; provided, however, that City <br />shall, to the extent permitted by law, use its best efforts to cause <br />any such agreements to include provisions protecting and preserving the <br />rights of Lessee in and to The Premises, and to compensation for the <br />taking thereof, interference therewith and damage thereto, caused by <br />such agreement or by actions of City or the United States pursuant <br />thereto. This subordination, includes but is not limited to the right <br />of the City, during times of war or national emergency, to lease the <br />landing area, or any part thereof, to the United States for military or <br />naval use, and if any such lease is made, the provisions of any <br />contracts or leases with such operators shall be suspended pursuant to <br />Article XIII, A.4. <br />